VidhiAagaz
International Journal ofLaw Management & Humanities
ISSN 2581-5369 · Open access
International Journal ofLaw Management & Humanities
Open accessResearch PaperVol. 4 No. III (2021)pp. 3826–3835

Possession is the Nine Point of Law

RP
R. PrernaResearch Scholar at Amity University, Haryana, India
View PDF
11,660views1,674downloads
Published 14 June 2021 · pp. 3826–3835 · Vol. 4 No. III (2021)
Abstract

Possession is the most difficult concept. Possession means physical control of a person over a thing. Possession shows the relation of a person over the thing. Possession is the evidence of ownership unless contrary is proved. In the eyes of law, the person who holds possession over material things has got nine points out of ten and he is considered to be the owner of that thing unless someone else questions his possession over that thing. According to Henry Maine, possession involves the physical contact with an object with the intention of excluding others from such object. When any object comes under the possession of any person, he becomes entitle to some rights and duties depending upon the circumstances. Hon’ble Supreme Court observed that possession is the evidence of ownership. Therefore possession is the direct relation of a person with the material thing. Possession may be legal or illegal, direct or indirect, mediate of immediate etc.. Possession is the difficult concept because the person even if in the wrongful possession of an object is considered legally entitled to that object. Possession is the subject of great interest and therefore needed to be carefully interpreted.

Keywords
jurisprudencepossessionAnimus PossidendiDe facto possessionDe jure possession

How to cite

R. Prerna, Possession is the Nine Point of Law, 4 Int'l J. L. Mgmt. & Human. 3826 (2021).

Cite this article

R. Prerna, Possession is the Nine Point of Law, 4 Int'l J. L. Mgmt. & Human. 3826 (2021).
Chat with us